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UPS Union Issues
Forced lunches
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<blockquote data-quote="BrownMonk" data-source="post: 4458490" data-attributes="member: 66576"><p>First, there was a lawsuit filed a few years ago by a California local for this exact reason and the company was fined, I believe, by the State DOL and forced to backpay all the drivers at the one and a half time rate for all hours that were identified. The company started enforcing it everywhere because they know it is everywhere and now they can say that they are attempting to make everyone take their lunch. Less liability that way.</p><p></p><p>Second, if you are a RPCD you are better off than feeders. The DOT mandates at least a half by the end of the 8th hour or you are violating federal law. It has always been a point of contention to whether RPCD drivers are DOT on all laws. We follow the hours of service and DOT physicals but rarely do we have a CDL. Maybe Big Union Guy can shed more light on this one?</p><p></p><p>Third, I'm sure your supplement mandates at least a half hour lunch which means you are violating the contract. You can not pick which parts of the contract you want to disobey. Just take the 1/2 hour at time and half and buy the kids a special treat every year. It is funny that the company pushes this even though they really don't want the extra time on their books. </p><p></p><p>By the letter of the law, you are being dishonest(falsifying company records) nut this isn't usually something the company fires for but they see if it changes. If it doesn't, they get you for insubordination as well. In a week or 2 ,they usually back off once they see their numbers slipping.</p></blockquote><p></p>
[QUOTE="BrownMonk, post: 4458490, member: 66576"] First, there was a lawsuit filed a few years ago by a California local for this exact reason and the company was fined, I believe, by the State DOL and forced to backpay all the drivers at the one and a half time rate for all hours that were identified. The company started enforcing it everywhere because they know it is everywhere and now they can say that they are attempting to make everyone take their lunch. Less liability that way. Second, if you are a RPCD you are better off than feeders. The DOT mandates at least a half by the end of the 8th hour or you are violating federal law. It has always been a point of contention to whether RPCD drivers are DOT on all laws. We follow the hours of service and DOT physicals but rarely do we have a CDL. Maybe Big Union Guy can shed more light on this one? Third, I'm sure your supplement mandates at least a half hour lunch which means you are violating the contract. You can not pick which parts of the contract you want to disobey. Just take the 1/2 hour at time and half and buy the kids a special treat every year. It is funny that the company pushes this even though they really don't want the extra time on their books. By the letter of the law, you are being dishonest(falsifying company records) nut this isn't usually something the company fires for but they see if it changes. If it doesn't, they get you for insubordination as well. In a week or 2 ,they usually back off once they see their numbers slipping. [/QUOTE]
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